Cross bills, 4121-4126.

In what cases to be brought, 4122.
The time when to be brought, 4123-4125.
The frame of a cross bill, 4126.

Bills of review, 4127-4139.

In what cases the proper remedy, 4128-4135.
For an error in law, 4129-4132.

On the ground of new matter, 4133-4136.
The time within which to be brought, 4136.
The frame of the bill, 4137.

Supplemental bill in the nature of a bill of review, 4138, 4139.
When it lies, 4138.

The frame of the bill, 4139.

Bills in the nature of a bill of review, 4140.
Bill to impeach a decree for fraud, 4141, 4142.
When the appropriate remedy, 4141.

The frame of the bill, 4142.

Bills to carry decrees into execution, 4143, 4144.
When the proper remedy, 4143.

The frame of the bill, 4144.

Bills to avoid the operation of decrees, 4145.
Bills in the nature of bills of revivor, 4146-4147.

When to be brought, 4146, 4147.

The frame of the bill, 4148.

Supplemental bills in the nature of original bills, 4149, 4150.

When the proper remedy, 4149.

The frame of the bill, 4150.

Bills named from the object in view 4151-4158.

Bills of foreclosure, 4152.

Bills of information, 4153, 4154.

Bill to marshal assets, 4155.

Bill for a new trial, 4156.

Bills of peace, 4157.

Bill quia timet, 4158.

The analysis or parts of a bill, 4159-4186.
The address of the bill, 4160.

Names and descriptions of parties, 4161.
The premises or stating part, 4162-4172.
Statement of plaintiff's title, 4163.
Certainty of plaintiff's statement, 4164.
Materiality of plaintiff's statement, 4165-4168.
Multifariousness in the statement, 4169, 4170.
Splitting up a cause of action, 4171.

It must show the jurisdiction of the court, 4172.
The confederating part, 4173.

PROCEEDINGS BETWEEN THE FILING OF THE BILL AND THE DEFENCE.

When plaintiff never had an interest, 4211. When plaintiff's right has determined, 4212. The mode of defence, 4213, 4214.

Disclaimers, 4215-4218.

Demurrers, 4219-4273.

Demurrers to original bills, 4222-4256.
To bills praying relief, 4223-4245.

To the jurisdiction, 4224-4230.

Subject not cognizable in any court, 4225-4227.
Not cognizable in a court of equity, 4228.
Jurisdiction in some other court, 4229, 4230.

To the person, 4231-4233.

To the matter of the bill, 4234-4245.

To the substance of the bill, 4235-4241.

To the frame of the bill, 4242-4245.

For defect of form, 4243.

For multifariousness, 4244.
For want of parties, 4245.

To bills not praying relief, 4246-4256.

To a discovery for jurisdiction, 4247-4250.
Claims must be of a civil nature, 4248.

Discovery in aid of another jurisdiction, 4249.
Action against public policy, 4250.

To a discovery when plaintiff has no interest, 4251.
When defendant has no interest, 4252.

When there is no privity between the parties. 4253.
Immateriality of the discovery, 4254.
Impropriety of the discovery, 4255.
When the equities are equal, 4256.
Demurrers to bills not original, 4257-4268.
To bills of revivor, 4258-4261.

For want of privity, 4259.

For want of interest, 4260.

For defect in frame of the bill, 4261.

To supplemental bills, 4262.

To bills of revivor and supplement, 4263.

To cross bills, 4264.

To bills of review, 4265.

To bills to carry decree into execution, 4266.

To bills to suspend decree, 4267.

To bills to set aside a decree, 4268. The form of demurrers, 4269-4272.

The effect of demurrers, 4273.

CHAPTER XII.

PLEAS IN EQUITY.

The general nature of pleas, 4275-4279.

Pure pleas, 4278.

Pleas not pure or anomalous, 4279.

The requisites of pleas, 4280-4298.

Of a pure plea, 4280-4286.

It must consist of new matter, 4281.

It must be single, 4282.

It must be material, 4283.

It must be direct and positive, 4284.

It must aver a complete defence, 4285.

It must follow the bill, 4286.

Of anomalous pleas, 4287-4295.

What to contain or omit, 4288.

The answer to support the plea, 4289-4295.

In what cases required, 4289, 4290.

Form of the plea and answer, 4291-4295.

The effect of the plea, 4296-4298.

Pleas to original bills, 4299-4350.
To bills praying relief, 4300-4345.

To the jurisdiction, 4301-4305.

Subject not cognizable in any court, 4302.
The court has no jurisdiction, 4303.
Jurisdiction in another court, 4304, 4305.

To the person, 4306-4313.
Of the plaintiff, 4307-4311.
Of the defendant, 4312, 4313.
To the form of the bill, 4314-4322.
Another suit depending, 4315-4319.
Want of parties, 4320.
Multiplicity of suits, 4321.
Multifariousness, 4322.

In bar to the relief sought, 4323-4345.
Pleas of statutes, 4324-4329.

Statute of limitations, 4325-4327.
Statute of frauds, 4328.

Other statutes, 4329.

Pleas of records, 4330, 4331.

Pleas of matter as of record, 4332-4335.
Judgments not of record, 4332-4334.
Decrees of courts of equity, 4335.

Pleas of matters in pais, 4336-4345.
Stated account, 4337.

Award, 4338.

Release, 4339.

Purchase for value, 4340, 4341.

Title in the defendant, 4342-4345.

To original bills not praying relief, 4346-4350.

To the jurisdiction, 4347.

To the person, 4348.

To the frame of the bill, 4349.

To discovery in bar, 4350.

Pleas to bills not original, 4351-4357.

To bills of revivor, 4352.

To supplemental bills, 4353.

To cross bills, 4354.

To bills of review, 4355.

To bills to impeach decrees, 4356.

To bills to carry decrees into execution, 4357.

CHAPTER XIII.

ANSWERS AND REPLICATIONS IN EQUITY.

Answers, 4358-4383.

Their general nature, 4362-4366.

Their form, 4367-4378.

The title, 4368.

The reservations, 4369.

Answers to the charges of the bill, 4370–4372.

Denial of combination and general traverse, 4373, 4374.

Signature of the defendant, 4375.

Oath of the defendant, 4376, 4377.

Signature of counsel, 4378.

Sufficiency of answers, 4379.

Further answers and answers to amended bills, 4380.

The effect of an answer, 4381-4383.

Replications and their consequences, 4384–4386.

CHAPTER XIV.

INCIDENTS TO PLEADINGS IN GENERAL.

When an amendment may be made, 4388-4390.

Amendments by the plaintiff, 4391, 4392.
Amendments by the defendant, 4393-4398.

Amendment of demurrers, 4394.

Amendment of pleas, 4395.

Amendment of answers, 4396-4398.

CHAPTER XV.

THE EVIDENCE IN EQUITY.

The matters to be proved, 4406-4419.
Admissions, 4407-4414.

Upon record, 4408-4413.
Actual, 4409-4411.
Constructive, 4412, 4413.
By agreement, 4414.

The burden of proof, 4415.

Proof to be confined to the issue, 4416-4419. Documentary evidence, 4420.

Oral testimony, 4421-4437.

Competency of witnesses, 4422.
Examination by examiner, 4423.
Examination by commission, 4424.

Depositions under act of congress, 4425.
Demurrers to interrogatories, 4426-4434.
For incompetency, 4428, 4429.
Privilege of the witness, 4430-4434.
Answer subjects to criminal charge, 4431.
Answer subjects to forfeiture, 4432.

Answer tends to degrade, 4433

Against public policy, 4434.

Proceedings on return of evidence, 4435-4437.

INSTITUTES

OF

AMERICAN LAW.

PRELIMINARY BOOK.

OF LAWS AND GOVERNMENT.

CHAPTER I.

LAW AND SOVEREIGNTY.

1-12. Laws in general.

5. Justice.

8-12. Laws.

9. Law of nature.

10. Law of nations.

11. Municipal law.

13-36. Sovereignty.

13. What is sovereignty.

14. By whom sovereignty is exercised.

15. Division of the powers of sovereignty.

19. What is a constitution.

20. Different forms of government.

1. MAN is a social being, fond of the company of his fellows, and always disposed to live with others. It is thus that families, tribes and nations are formed. Men render to, and receive mutual benefits and assistance from each other. But in such societies there must constantly arise causes of difference among the several members, and these must be adjusted or settled, either by the parties themselves, or by some power which is superior to them. Their rights must also be regulated, so that the parties may know to what each one is entitled. This is done by an actual or presumed agreement of all the members of the society, state or nation, by the establishment of certain rules, which acquire the name of laws. The knowledge of these laws, or the science by which they are understood, is called jurisprudence.

2. The first step to understand this science is, therefore, to know exactly the nature of the laws, and to form of them a definite and precise idea. By science is understood a connection of truths, founded on evident principles or on

VOL. I.-A

1